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e-CFR data is current as of September 29, 2020

Title 46Chapter ISubchapter DPart 35 → Subpart 35.35


Title 46: Shipping
PART 35—OPERATIONS


Subpart 35.35—Cargo Handling


Contents
§35.35-1   Persons on duty—TB/ALL.
§35.35-4   Insulating flange joint or nonconductive hose—TB/ALL.
§35.35-5   Electrical bonding—TB/ALL.
§35.35-10   Closing of freeing-ports, scuppers, and sea valves—TB/ALL.
§35.35-15   Connecting for cargo transfer—TB/ALL.
§35.35-20   Inspection before transfer of cargo—TB/ALL.
§35.35-25   Approval to start transfer of cargo—TB/ALL.
§35.35-30   “Declaration of Inspection” for tank vessels—TB/ALL.
§35.35-35   Duties of person in charge of transfer—TB/ALL.
§35.35-40   Conditions under which transfer operations shall not be commenced or if started shall be discontinued—TB/ALL.
§35.35-42   Restrictions on vessels alongside a tank vessel loading or unloading cargo of Grade A, B, or C—TB/ALL.
§35.35-45   Auxiliary steam, air, or electric current—B/ALL.
§35.35-50   Termination of transfer operations—TB/ALL.
§35.35-55   Transfer of other cargo or stores on tank vessels—TB/ALL.
§35.35-60   Transportation of other cargo or stores on tank barges—B/ALL.
§35.35-70   Maintenance of cargo handling equipment—TB/ALL.
§35.35-75   Emergencies—TB/ALL.
§35.35-85   Air compressors—TB/ALL.

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§35.35-1   Persons on duty—TB/ALL.

(a) On each tankship required to be documented under the laws of the United States, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that—

(1) Enough “Tankerman-PICs” or restricted “Tankerman-PICs”, and “Tankerman-Assistants”, authorized for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and

(2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a person qualified to be the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.

(b) On each United States tank barge subject to inspection—

(1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155; and

(2) The person designated as the person in charge of the transfer shall ensure that—

(i) Enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and

(ii) The approved portable extinguishers required by table 34.50-10(a) of this chapter are aboard and readily available before any transfer of liquid cargo in bulk or any operation of barge machinery or boilers.

(c) On each foreign tankship, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that—

(1) Enough personnel, qualified for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and

(2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a qualified person designated as a person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.

(d) On each foreign tank barge—

(1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.

(2) The person designated as the person in charge of the transfer shall ensure that enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks.

(e) The person in charge of the transfer of liquid cargo in bulk on the tank vessel shall be responsible for the safe loading and discharge of the liquid cargo in bulk.

(f) The person in charge of the transfer of liquid cargo in bulk on each United States tank vessel, when lightering to or from a foreign tank vessel, shall ensure that the person in charge on the foreign tank vessel, or his or her interpreter, is capable of reading, speaking, and understanding the English language well enough to allow a safe transfer.

[CGD 79-116, 60 FR 17155, Apr. 4, 1995]

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§35.35-4   Insulating flange joint or nonconductive hose—TB/ALL.

(a) A vessel's cargo hose string or vapor recovery hose must use an insulating flange or one continuous length of nonconductive hose between the vessel and the shore transfer facility. For each vapor recovery hose or cargo hose string, only one insulating flange or non-conductive hose must be provided. See 33 CFR 154.2101(g).

(b) The insulating flange must be inserted at the jetty end and take all reasonable measures to ensure the connection will not be disturbed. The hose must be suspended to ensure the hose-to-hose connection flanges do not rest on the jetty deck or other structure that may render the insulating flange ineffective or short circuited by contact with external metal or through the hose handling equipment.

(c) The insulating flange must be inspected and tested at least annually, or more frequently if necessary due to deterioration caused by environmental exposure, usage, and damage from handling. After installation, the insulation reading between the metal pipe on the shore side of the flange and the end of the hose or metal arm when freely suspended must not be less than 1,000 ohms. A suitable DC insulation tester must be used.

[USCG-1999-5150, 78 FR 42641, July 16, 2013]

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§35.35-5   Electrical bonding—TB/ALL.

The use of a vessel/shore bonding cable or wire is permissible only if operationally necessary and only in compliance with the requirements of paragraphs (a) and (b) of this section.

(a) A switch on the jetty that is in series with the bonding cable must be provided. The switch must be listed or certified by a Coast Guard accepted independent laboratory and approved for use in a Class I Zone 1 or Class I, Division 1 location, and the appropriate Gas Group of the cargo authorized for the vessel.

(b) The connection point for the bonding cable system must be at least 20 feet from the cargo manifold area, the cargo hose string, or the vapor recovery connection. The switch must be in the off position before connecting or disconnecting the bonding cable. The bonding cable must be attached before the cargo hoses or arms, or the vapor recovery connections are connected. The bonding cable must be removed only after the cargo hoses or arms, or the vapor recovery connections have been disconnected.

[USCG-1999-5150, 78 FR 42642, July 16, 2013]

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§35.35-10   Closing of freeing-ports, scuppers, and sea valves—TB/ALL.

The person in charge of each transfer of liquid cargo in bulk shall ensure that all freeing-ports and scuppers are properly plugged during the transfer except on tank vessels using water for cooling decks. Although under no circumstances may sea valves be secured by locks, the valves must be closed, and lashed or sealed, to indicate that they should not be opened during the transfer.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]

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§35.35-15   Connecting for cargo transfer—TB/ALL.

(a) Movement of the vessel must be considered to insure safe cargo transfer. Suitable material must be used in joints and in couplings to insure that connections are tight. A bolted flanged coupling must not have less than four bolts, under any circumstances.

(b) When cargo connections are supported by ship's tackle, the person in charge of the transfer of liquid cargo in bulk shall determine the weights involved to ensure that adequate tackle is used.

(c) Pans or buckets shall be placed under cargo hose connections on the tank vessel.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 36459, Aug. 11, 1983; CGD 79-116, 60 FR 17156, Apr. 4, 1995]

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§35.35-20   Inspection before transfer of cargo—TB/ALL.

Before the transfer of liquid cargo in bulk, the person in charge of the transfer shall inspect the vessel to ensure the following:

(a) Warnings are displayed as required.

(b) No repair work in way of cargo spaces is being carried on without his permission.

(c) Cargo connections have been made as described in §35.35-15 and cargo valves are set.

(d) All cargo connections have been made to the vessel's pipeline, and not through an open end hose led through a hatch.

(e) In loading Grades A, B, and C cargoes, there are no fires or open flames present on the deck, or in any compartment which is located on, facing, open, and adjacent to that part of the deck on which cargo connections have been made.

(f) The shore terminal or the other tank vessel concerned has reported itself in readiness for transfer of cargo.

(g) All sea valves connected to the cargo piping system are closed.

(h) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether boiler fires can be maintained with reasonable safety.

(i) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether galley fires can be maintained with reasonable safety.

(j) In loading Grades A, B, or C cargoes, that an inspection has been made to determine whether smoking may be permitted with reasonable safety in areas other than the weather deck.

(k) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, all openings in the top of the tanks, except the branch vent lines and covers to ullage hole sounding pipes, are tightly closed. (See §§32.20-20 and 32.55-20 of this subchapter.)

(l) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, the method for determining the liquid level in the tank without opening ullage holes, cargo hatches or Butterworth plates is in proper order. (See §32.20-20 of this subchapter.)

(m) When a transfer operation includes collection of cargo vapor to or from a vessel's cargo tanks through a vapor control system not located on the vessel:

(1) Each part of the vapor collection system is aligned to allow vapor to flow to or from a facility vapor control system, or if lightering, to the other vessel;

(2) Vapor collection hoses or arms are connected to the vessel vapor collection connection;

(3) The electrical insulation requirements of 33 CFR 154.810(g) or §39.40-3(c) of this subchapter are provided between the vessel vapor connection and the facility or service vessel vapor connection;

(4) The maximum cargo transfer rate is determined in accordance with §39.30-1(d) of this subchapter;

(5) The maximum and minimum operating pressures at the facility vapor connection, or vessel vapor connection if lightering, are determined;

(6) The overfill control system on a tank barge, if fitted in accordance with §39.20-9(b) of this subchapter, is connected to the facility, tested and operating properly;

(7) Each alarm required by §§39.20-7, 39.20-9 and 39.40-3(a) of this subchapter has been tested not more than 24 hours prior to the start of the transfer operation and is operating properly;

(8) Each vapor recovery hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement; and

(9) The oxygen content in the vapor space of each of the vessel's inerted cargo tanks connected to the vapor collection system is—

(i) At or below 60 percent by volume of the cargo's minimum oxygen concentration for combustion at the start of cargo transfer; or

(ii) At or below 8 percent by volume, at the start of cargo transfer, for vapor of crude oil, gasoline blends, or benzene.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 36459, Aug. 11, 1983; CGD 88-102, 55 FR 25446, June 21, 1990; CGD 79-116, 60 FR 17156, Apr. 4, 1995; USCG-1999-5150, 78 FR 42642, July 16, 2013]

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§35.35-25   Approval to start transfer of cargo—TB/ALL.

When the person in charge of the transfer of liquid cargo in bulk has ensured that the requirements of §§35.35-20 and 35.35-30 have been met, he or she may give approval to start the transfer.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]

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§35.35-30   “Declaration of Inspection” for tank vessels—TB/ALL.

(a) After an inspection under §35.35-20, but before a transfer of cargo, fuel oil, or bunkers may commence as described in this section and 33 CFR 156.120 and 156.150, the person in charge of the transfer shall prepare, in duplicate, a Declaration of Inspection. The original must be kept aboard the vessel, and the duplicate provided to the terminal supervisor or that person's representative. The supervisor or the representative may, upon demand, inspect the vessel to determine whether its condition is as stated on the Declaration of Inspection.

(b) The Declaration of Inspection may be in any form, but must contain at least:

Declaration of Inspection Before Transfer of Liquid Cargo in Bulk

Date
Vessel
Port of

Product[s] being transferred—(Classification[s] and Kind[s])

 
 

I, __________, the person in charge of the transfer of liquid cargo in bulk about to begin, do certify that I have personally inspected this vessel with reference to the following requirements set forth in 46 CFR 35.35-20, and that opposite each of the applicable items listed below I have indicated whether the vessel complies with all pertinent regulations.

(1) Are warnings displayed as required?

(2) Is there any repair work in way of cargo spaces being carried on for which permission has not been given?

(3) Have cargo connections been made as described in 46 CFR 35.35-15 and are cargo valves set?

(4) Have all cargo connections been made to the vessel's pipeline and not through an open-end hose led through a hatch?

(5) Are there any fires or open flames present on the deck or in any compartment which is located on, open or adjacent to or facing the main deck of the vessels on which the cargo connections have been made?

(6) Has the shore terminal or other tank vessel concerned reported itself in readiness for transfer of cargo?

(7) Are sea valves connected to the cargo piping system closed?

(8) If Grades, A, B, or C cargoes are to be loaded and boiler fires are lighted, has an inspection been made to determine whether these fires may be maintained with reasonable safety?

(9) If Grades A, B, or C cargoes are to be loaded and galley fires are lighted, has an inspection been made to determine whether the galley fires may be maintained with reasonable safety?

(10) If Grades A, B, or C cargoes are to be loaded, has an inspection been made to determine whether smoking is to be permitted in areas not on the weather decks?

(11) If smoking is to be permitted in areas not on the weather decks, have those areas been designated?

(12) Is the inert gas system being operated as necessary to maintain an inert atmosphere in the cargo tanks in compliance with 46 CFR 32.53-5?

(13) Have the applicable sections of the vessel response plan been reviewed before commencing transfer, and arrangements or contingencies made for implementation of the Plan should the need arise?

(c) In addition to the requirements in paragraph (b) of this section, if a transfer operation includes the collection of cargo vapor to or from a vessel's cargo tanks through a vapor control system not located on the vessel, the Declaration of Inspection must include the following as an appendix:

(1) Is each part of the vapor collection system aligned to allow vapor to flow to or from the facility vapor connection or, if lightering, to the other vessel?

(2) Are the vapor collection hoses or arms connected to the vessel's vapor collection connection?

(3) Are the vessel and facility vapor connections electrically isolated?

(4) Have the initial transfer rate and the maximum transfer rate been determined?

(5) Have the maximum and minimum operating pressures at the facility vapor connection, or the vessel vapor connection if lightering, been determined?

(6) Have all alarms required by §§39.20-7, 39.20-9 and 39.40-3(a) of this subchapter been tested within 24 hours prior to the start of the transfer operation and found to be operating properly?

(7) Is each vapor recovery hose free of unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and gouges, cuts, or slashes that penetrate the first layer of hose reinforcement?

(8) Has the oxygen content in the vapor space of each of the vessel's inerted cargo tanks connected to the vapor collection system been verified to be—

(i) At or below 60 percent by volume, at the start of cargo transfer, of the cargo's minimum oxygen concentration for combustion; or

(ii) At or below 8 percent by volume, at the start of cargo transfer, for vapor of crude oil, gasoline blends, or benzene.

[CGD 80-009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 88-102, 55 FR 25446, June 21, 1990; CGD 79-116, 60 FR 17156, Apr. 4, 1995; CGD 79-116, 62 FR 25135, May 8, 1997; USCG-1999-5150, 78 FR 42642, July 16, 2013]

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§35.35-35   Duties of person in charge of transfer—TB/ALL.

The person in charge of the transfer of liquid cargo in bulk, fuel oil in bulk, or bunkers in bulk shall control the transfer as follows:

(a) Supervise the operations of cargo-system valves.

(b) Commence transfer of cargo at slow rate of cargo flow.

(c) Observe cargo connections for leakage.

(d) Observe pressure on cargo system.

(e) If transfer is loading (rather than discharging), observe rate of loading to avoid overflow of tanks.

(f) Comply with 33 CFR 156.120 and 156.150.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 25135, May 8, 1997]

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§35.35-40   Conditions under which transfer operations shall not be commenced or if started shall be discontinued—TB/ALL.

Cargo transfer operations shall not be started or, if started, shall be discontinued under the following conditions:

(a) During severe electrical storms.

(b) If a fire occurs on the wharf or on the tanker or in the vicinity.

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§35.35-42   Restrictions on vessels alongside a tank vessel loading or unloading cargo of Grade A, B, or C—TB/ALL.

(a) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C without permission of the person in charge of the transfer on the tank vessel.

(b) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C unless the conditions then prevailing are acceptable to the persons in charge of cargo-handling on both vessels.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]

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§35.35-45   Auxiliary steam, air, or electric current—B/ALL.

When discharging cargo from one or more barges, the towing vessel may furnish steam, air, or electric current for pumps on barges or dock, but in no case shall the cargo pass through or over the towing vessel.

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§35.35-50   Termination of transfer operations—TB/ALL.

(a) When transfer operations are completed the valves on cargo connections on the vessel shall be closed. The cargo connections shall be drained of cargo.

(b) [Reserved]

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§35.35-55   Transfer of other cargo or stores on tank vessels—TB/ALL.

(a) No packaged goods, freight, or ship's stores may be loaded or unloaded during the loading or unloading of cargo of Grade A, B, or C except by permission of the person in charge of the transfer of liquid cargo in bulk. No explosives may be loaded, unloaded, or carried as cargo on any tank vessel containing cargo of Grade A, B, or C.

(b) Where package and general cargo is carried directly over bulk cargo tanks, it shall be properly dunnaged to prevent chafing of metal parts and securely lashed or stowed.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 79-116, 60 FR 17157, Apr. 4, 1995]

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§35.35-60   Transportation of other cargo or stores on tank barges—B/ALL.

(a) Tank barges may be permitted to transport deck cargoes directly over bulk cargo spaces when the nature of such deck cargoes and the methods of loading and unloading same do not create an undue hazard. Such tank barges shall have their decks properly dunnaged to prevent chafing between the steel parts of the vessel and the deck cargo.

(b) [Reserved]

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§35.35-70   Maintenance of cargo handling equipment—TB/ALL.

The cargo handling equipment shall be maintained by the tank vessel's personnel in accordance with the regulations in this subchapter, including the following:

(a) Cargo hose shall not be used in transfer operations in which the pressures are such that leakage of cargo occurs through the body of the hose.

(b) Cargo pump relief valves shall be tested at least once each year to determine that they function satisfactorily at the pressure at which they are set to open.

(c) Cargo pump pressure gage shall be tested at least once a year for accuracy.

(d) The cargo discharge piping of all tank vessels shall be tested at least once each year for tightness, at the maximum working pressure.

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§35.35-75   Emergencies—TB/ALL.

In case of emergencies nothing in the regulations in this subchapter shall be construed as preventing the senior officer present from pursuing the most effective action in his judgment for rectifying the conditions causing the emergency.

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§35.35-85   Air compressors—TB/ALL.

No person may operate, install, or reinstall an air compressor in a cargo area described in §32.35-15 of this subchapter.

[CGD 95-028, 62 FR 51200, Sept. 30, 1997]

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